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Madras High CourtA/1434/2024allowed

The Secretary v. K.Shashabindu Das And 3 Others

2024-03-26Honourable Mr Justice N. Sathish Kumar3 pages

A.Nos.1434, 1435 of 2024 in N.SATHISH KUMAR, J.

A.No.1434 of 2024 This application has been filed to withdraw the suit in O.S.No.4985/2023 from the file of the XXII Additional Judge, City Civil Court, Chennai and transfer to this Court, to be tried along with C.S.No.216/2021. A.No.1435 of 2024 This application has been filed to withdraw the suit in O.S.No.5031 of 2022 from the file of the Principal Judge, City Civil Court, Chennai and transfer to this Court, to be tried along with C.S.No.216/2021.

2. When the matter was listed last hearing, this Court felt that since the issues involved in the present suit as well as the other suits pending before the other courts are one and the same, the other matters have to be tried along with the present suit. However, the learned counsel appearing for the first respondent seeks time to file formal counter affidavit to the above applications.

3. Today, no counter affidavit filed and the counsel for the first respondent seeks further time to file counter affidavit.

4. On perusal of the records, this court finds that the suits pending before this court as well as the other courts are relating to the convening of Annual General Body Meeting; conduct of the elections; and also relating to some violations. Therefore, all the matters should be tried together by this Court. In such circumstances, no further formal counter is required , because all the suits are

pertaining to the elections, based on the same by-laws operating in the Madras Race Club, Guindy. As such, the applications in A.No.1434 and 1435 of 2024 are allowed.

5. The suit in O.S.No.5031/2022 is directed to be withdrawn from the file of the Principal Judge, City Civil Court, Chennai. The learned Principal Judge, City Civil Court is directed to send the entire records in O.S.No.5031/2022 to this Court.

6. The suit in O.S.No.4985/2023 is directed to be withdrawn from the file of the XXII Additional Judge, City Civil Court, Chennai. The learned XXII Additional Judge, City Civil Court is directed to send the entire records in O.S.No.4985/2023 to this Court.

7. Registry is directed to post the matter along with the suits in O.S.No.5031/2022 and O.S.No.4985/2023, after the receipt of the above records from the concerned court.

mst 26.03.2024 Copy to

1. The Principal Judge, City Civil Court, Chennai.

2. The XXII Additional Judge, City Civil Court, Chennai.

N.SATHISH KUMAR, J.

mst A.Nos.1434, 1435 of 2024 in 26.03.2024